No charges for Oroville man arrested for approaching child

oroville >> An Oroville man arrested Saturday following reports he asked a child to enter his van has been released from custody.

Butte County District Attorney Mike Ramsey said his office has declined to file charges against Edward Allen Sylva, 67, following further investigation by Oroville Police with assistance from his office.

Ramsey said there was insufficient evidence to show Sylva acted with a sexual interest or intended to abduct the 4-year-old child in the parking lot of USA Park on Fifth Avenue and Pomona Street on Friday.

During the incident, Sylva reportedly asked the girl if she wanted to go to the bathroom in his van after the girl and mother discovered public bathrooms were closed. The girl reportedly screamed and alerted her mother and the family left the park.

Sylva has been a transient for about eight months after he lost his residence of 20 years. He keeps a container in the van to use as a toilet.

Ramsey said people may find Sylva's offer odd, but the man was trying to be helpful. He said Sylva doesn't pose any particular danger.

"Being odd and helpful is not a crime," he said.

Oroville Police has previously said Sylva had no prior criminal history and was a common sight at local fields and parks for 22 years.

On Saturday, the girl's family returned to the park and saw Sylva's van, according to police Monday. The mother told others in the park and adjacent Little League field about the Friday incident.

Residents confronted Sylva, took photos of his van and called police, but the man left.

Police found Sylva at the Nelson Sports Complex in Thermalito at 1:25 p.m. Saturday and arrested him on suspicion of attempted lewd acts with a child and annoying/molesting a minor.

When a person is being held in custody, officials have two days, excluding Sundays and holidays, to file criminal charges or release the subject.

Sylva was released from Butte County Jail on Tuesday.

Ramsey said Oroville Police had reasonable suspicion to arrest Sylva, but prosecutors apply a higher burden of proof when filing charges. He said officers acted properly to diffuse the situation as people were becoming upset over the allegations.

The prosecutor said people passing information through word of mouth may have amplified Sylva's alleged conduct beyond what investigators believe happened.

In a statement, Ramsey noted Oroville Police would continue to monitor Sylva's behavior to protect the public from future offers of unwanted assistance.